On the recordMarch 3, 1999
In 1996, the Supreme Court decided that the Death on the High Seas Act applied to aviation accidents. This took everybody by surprise because the Death on the High Seas Act is a shipping law and the Federal Aviation Act states that shipping laws do not apply to aviation. Nevertheless, the Supreme Court said it did apply when the plane crashed into the ocean outside of U.S. territorial waters. The effect of this decision is to treat families differently depending on whether their relative dies in an aircraft that crashes into the ocean or one that crashes into the land. If the plane crashes into the ocean, the Death on the High Seas Act applies. This act prevents a family from collecting damages for their relatives' pain and suffering or from the loss of the companionship of their loved one. However, if the plane crashes into land, there is no legal bar to collecting these damages. So, there really is no reason why the monetary recovery from a lawsuit should depend upon where the plane happens to come down, whether it is into the water or into the land.
Source
govinfo.gov




